Unofficial Translation of the Supreme Court Letter Addressed to the Office of Administrative Affairs and the Council of Ministers Secretariat

In response to your official letter No. 25 dated 2/1/1388, to implement the directive of H.E. the President, and following a comprehensive round of discussions on the provisions of the above-mentioned letter at the emergency meeting held on 8/1/1388, the Supreme Court of Islamic Republic of Afghanistan declares its legal opinion as follows:
1. As one of the three independent branches of the government, the Supreme Court of Islamic Republic of Afghanistan deems the postponement of the presidential elections against the provisions of the article No. 61 of the Constitution.
2. The Supreme Court acknowledges the financial, security and logistical challenges faced by the Independent Elections Commission.
3. The Supreme Court is aware of and understands the viewpoints of some of intellectuals and presidential candidates who believe that the postponement of the elections is in the interest of Afghans as it paves the way for a fair, democratic, legitimate, and general elections process.
Consequently, analyzing the question in line with the letter and spirit of the article No. 61, and based on national interests of Afghanistan, the realties on the ground, and in light of the legal opinions supreme court expresses its view as follows:
Article No. 61 of the Constitution clearly states that the presidential term shall expire on 1st of Jawza of the fifth year after elections, but at the same time the Constitution links this paragraph to the subsequent paragraphs of the article No. 61 outlining as follows: “Elections for the new President shall be held within thirty to sixty days prior to the end of the presidential term.”
As observed, based on the logic and spirit of law and the formulation of the phrases, these two paragraphs complement each other. It means that the presidential term expires following the completion of the elections process within 30-60 days before 1ST of Jawza of the fifth year, clearly indicating that the presidential elections must have been held and a new President must have been chosen before the expiration of the presidential term.
Since the current circumstances are opposite to what is said in Article No. 61, and by taking into consideration of the national interests of the country, the only scientific and logical solution is the continuation of the term of the President and Vice-Presidents. For, the postponement of the elections means the postponement of all the provisions of the Article No. 61 of the Constitution. Since the paragraphs of the Article No. 61 complement one another, it cannot be allowed for only one of them to be postponed.
In addition to its consistency with the provisions of the Constitution and its spirit and logic, and its consistency with the Feq principles, this analysis can ensure national consensus and stability in the country.

Therefore, the Supreme Court of the Islamic Republic of Afghanistan:
â€¢ Considering the provisions and spirit of the Constitution
â€¢ Acknowledging the challenges faced by the Independent Elections Commission
â€¢ Insuring stability in the country and considering the national interest of the country
â€¢ And considering the aspirations of the noble people of Afghanistan for free, legitimate, fair, general and democratic elections
believes that the continuation of the term of the President and Vice-Presidents is in the interest of the Afghan people and state and it is also consistent with the spirit and interpretation of the Constitution; and the Supreme Court declares its positive view in favor of the continuation of the President’s term until the next president is inaugurated.

US welcomes Afghan extension of Karzai’s term

WASHINGTON (AFP) – The United States on Monday welcomed an Afghan Supreme Court ruling that President Hamid Karzai should stay in power beyond the constitutional end of his term in May and until elections in August.

“The United States strongly supports and welcomes this ruling,” said Gordon Duguid, a State Department spokesman, following Sunday’s ruling by the Supreme Court that said it acted in the interests of national stability.

“We believe that continuity of government in the critical period before elections is vital and contributes to creating stability,” Duguid said in a statement.

The court’s decision ended weeks of uncertainty about a potential power vacuum caused by the constitution’ s stipulation that the presidential term ends May 21, although elections were postponed until August 20.

But it is likely to meet with objections from Karzai’s political opponents who want him to end the term as scheduled and a caretaker appointed until the vote, saying his chances at the polls would be boosted if he is in power.

Duguid added: “We urge all Afghans to support this ruling by the Supreme Court and to focus on the elections to be held on August 22, rather than continuing to question the status of their government.

“The United States calls on the government of Afghanistan, joined by its international partners, to make every effort to ensure that the conditions are created for genuinely free and fair elections that will reflect the will of the Afghan people,” he said.

“For its part, the United States neither supports nor opposes any legitimate candidate and will concentrate its efforts on helping to create a level playing field for all candidates,” Duguid added.

The Islamic Republic of Afghanistan welcomes the United States of Americaâ€˜s new Strategy for Afghanistan.

The Islamic Republic of Afghanistan expresses its continued appreciation and gratitude for the United States’ assistance in the provision of security and reconstruction of Afghanistan and considers the new strategy beneficial for the people of Afghanistan and the region. Afghanistan believes the United States’ new strategy will bring the International community closer to success.

The state of Afghanistan is particularly grateful that the view points of the Afghan government have been taken into consideration in the review and outcome of the new strategy, especially regarding the role of terrorism as a regional problem, the need to strengthen Afghan security institutions, and a review of coordination of international assistance in security and reconstruction efforts.
His Excellency President Hamid Karzai will announce, in detail, the view points of the Afghan Government on the new strategy soon.

Good morning. Today, I am announcing a comprehensive, new strategy for Afghanistan and Pakistan.

This marks the conclusion of a careful policy review that I ordered as soon as I took office. My Administration has heard from our military commanders and diplomats. We have consulted with the Afghan and Pakistani governments; with our partners and NATO allies; and with other donors and international organizations. And we have also worked closely with members of Congress here at home. Now, I’d like to speak clearly and candidly to the American people.

The situation is increasingly perilous. It has been more than seven years since the Taliban was removed from power, yet war rages on, and insurgents control parts of Afghanistan and Pakistan. Attacks against our troops, our NATO allies, and the Afghan government have risen steadily. Most painfully, 2008 was the deadliest year of the war for American forces.

Many people in the United States — and many in partner countries that have sacrificed so much — have a simple question: What is our purpose in Afghanistan? After so many years, they ask, why do our men and women still fight and die there? They deserve a straightforward answer.

So let me be clear: Al Qaida and its allies — the terrorists who planned and supported the 9/11 attacks — are in Pakistan and Afghanistan. Multiple intelligence estimates have warned that Al Qaida is actively planning attacks on the U.S. homeland from its safe-haven in Pakistan. And if the Afghan government falls to the Taliban — or allows Al Qaida to go unchallenged — that country will again be a base for terrorists who want to kill as many of our people as they possibly can.

The future of Afghanistan is inextricably linked to the future of its neighbor, Pakistan. In the nearly eight years since 9/11, Al Qaida and its extremist allies have moved across the border to the remote areas of the Pakistani frontier. This almost certainly includes Al Qaida’s leadership: Osama bin Laden and Ayman al-Zawahiri. They have used this mountainous terrain as a safe-haven to hide, train terrorists, communicate with followers, plot attacks, and send fighters to support the insurgency in Afghanistan. For the American people, this border region has become the most dangerous place in the world.

But this is not simply an American problem — far from it. It is, instead, an international security challenge of the highest order. Terrorist attacks in London and Bali were tied to Al Qaida and its allies in Pakistan, as were attacks in North Africa and the Middle East, in Islamabad and Kabul. If there is a major attack on an Asian, European, or African city, it — too — is likely to have ties to Al Qaida’s leadership in Pakistan. The safety of people around the world is at stake.

For the Afghan people, a return to Taliban rule would condemn their country to brutal governance, international isolation, a paralyzed economy, and the denial of basic human rights to the Afghan people — especially women and girls. The return in force of Al Qaida terrorists who would accompany the core Taliban leadership would cast Afghanistan under the shadow of perpetual violence.

As President, my greatest responsibility is to protect the American people. We are not in Afghanistan to control that country or to dictate its future. We are in Afghanistan to confront a common enemy that threatens the United States, our friends and allies, and the people of Afghanistan and Pakistan who have suffered the most at the hands of violent extremists.

So I want the American people to understand that we have a clear and focused goal: to disrupt, dismantle, and defeat Al Qaida in Pakistan and Afghanistan, and to prevent their return to either country in the future. That is the goal that must be achieved. That is a cause that could not be more just. And to the terrorists who oppose us, my message is the same: we will defeat you.

To achieve our goals, we need a stronger, smarter and comprehensive strategy. To focus on the greatest threat to our people, America must no longer deny resources to Afghanistan because of the war in Iraq. To enhance the military, governance, and economic capacity of Afghanistan and Pakistan, we have to marshal international support. And to defeat an enemy that heeds no borders or laws of war, we must recognize the fundamental connection between the future of Afghanistan and Pakistan — which is why I’ve appointed Ambassador Richard Holbrooke to serve as Special Representative for both countries, and to work closely with General David Petraeus to integrate our civilian and military efforts.

Let me start by addressing the way forward in Pakistan.

The United States has great respect for the Pakistani people. They have a rich history, and have struggled against long odds to sustain their democracy. The people of Pakistan want the same things that we want: an end to terror, access to basic services, the opportunity to live their dreams, and the security that can only come with the rule of law. The single greatest threat to that future comes from Al Qaida and their extremist allies, and that is why we must stand together.

The terrorists within Pakistan’s borders are not simply enemies of America or Afghanistan — they are a grave and urgent danger to the people of Pakistan. Al Qaida and other violent extremists have killed several thousand Pakistanis since 9/11. They have killed many Pakistani soldiers and police. They assassinated Benazir Bhutto. They have blown up buildings, derailed foreign investment, and threatened the stability of the state. Make no mistake: Al Qaida and its extremist allies are a cancer that risks killing Pakistan from within.

It is important for the American people to understand that Pakistan needs our help in going after Al Qaida. This is no simple task. The tribal regions are vast, rugged, and often ungoverned. That is why we must focus our military assistance on the tools, training and support that Pakistan needs to root out the terrorists. And after years of mixed results, we will not provide a blank check. Pakistan must demonstrate its commitment to rooting out Al Qaida and the violent extremists within its borders. And we will insist that action be taken — one way or another — when we have intelligence about high-level terrorist targets.

The government’s ability to destroy these safe-havens is tied to its own strength and security. To help Pakistan weather the economic crisis, we must continue to work with the IMF, the World Bank and other international partners. To lessen tensions between two nuclear- armed nations that too often teeter on the edge of escalation and confrontation, we must pursue constructive diplomacy with both India and Pakistan. To avoid the mistakes of the past, we must make clear that our relationship with Pakistan is grounded in support for Pakistan’s democratic institutions and the Pakistani people. And to demonstrate through deeds as well as words a commitment that is enduring, we must stand for lasting opportunity.

A campaign against extremism will not succeed with bullets or bombs alone. Al Qaida offers the people of Pakistan nothing but destruction. We stand for something different. So today, I am calling upon Congress to pass a bipartisan bill co-sponsored by John Kerry and Richard Lugar that authorizes $1.5 billion in direct support to the Pakistani people every year over the next five years — resources that will build schools, roads, and hospitals, and strengthen Pakistan’s democracy. I’m also calling on Congress to pass a bipartisan bill co- sponsored by Maria Cantwell, Chris Van Hollen and Peter Hoekstra that creates opportunity zones in the border region to develop the economy and bring hope to places plagued by violence. And we will ask our friends and allies to do their part — including at the donors conference in Tokyo next month.

I do not ask for this support lightly. These are challenging times, and resources are stretched. But the American people must understand that this is a down payment on our own future — because the security of our two countries is shared. Pakistan’s government must be a stronger partner in destroying these safe-havens, and we must isolate Al Qaida from the Pakistani people.

These steps in Pakistan are also indispensable to our effort in Afghanistan, which will see no end to violence if insurgents move freely back and forth across the border.

Security demands a new sense of shared responsibility. That is why we will launch a standing, trilateral dialogue among the United States, Afghanistan and Pakistan. Our nations will meet regularly, with Secretary Clinton and Secretary Gates leading our effort. Together, we must enhance intelligence sharing and military cooperation along the border, while addressing issues of common concern like trade, energy, and economic development.

This is just one part of a comprehensive strategy to prevent Afghanistan from becoming the Al Qaida safe-haven that it was before 9/11. To succeed, we and our friends and allies must reverse the Taliban’s gains, and promote a more capable and accountable Afghan government.

Our troops have fought bravely against a ruthless enemy. Our civilians have made great sacrifices. Our allies have borne a heavy burden. Afghans have suffered and sacrificed for their future. But for six years, Afghanistan has been denied the resources that it demands because of the war in Iraq. Now, we must make a commitment that can accomplish our goals.

I have already ordered the deployment of 17,000 troops that had been requested by General McKiernan for many months. These soldiers and Marines will take the fight to the Taliban in the south and east, and give us a greater capacity to partner with Afghan Security Forces and to go after insurgents along the border. This push will also help provide security in advance of the important presidential election in August.

At the same time, we will shift the emphasis of our mission to training and increasing the size of Afghan Security Forces, so that they can eventually take the lead in securing their country. That is how we will prepare Afghans to take responsibility for their security, and how we will ultimately be able to bring our troops home.

For three years, our commanders have been clear about the resources they need for training. Those resources have been denied because of the war in Iraq. Now, that will change. The additional troops that we deployed have already increased our training capacity. Later this spring we will deploy approximately 4,000 U.S. troops to train Afghan Security Forces. For the first time, this will fully resource our effort to train and support the Afghan Army and Police. Every American unit in Afghanistan will be partnered with an Afghan unit, and we will seek additional trainers from our NATO allies to ensure that every Afghan unit has a coalition partner. We will accelerate our efforts to build an Afghan Army of 134,000 and a police force of 82,000 so that we can meet these goals by 2011 — and increases in Afghan forces may very well be needed as our plans to turn over security responsibility to the Afghans go forward.

This push must be joined by a dramatic increase in our civilian effort. Afghanistan has an elected government, but it is undermined by corruption and has difficulty delivering basic services to its people. The economy is undercut by a booming narcotics trade that encourages criminality and funds the insurgency. The people of Afghanistan seek the promise of a better future. Yet once again, have seen the hope of a new day darkened by violence and uncertainty.

To advance security, opportunity, and justice — not just in Kabul, but from the bottom up in the provinces — we need agricultural specialists and educators; engineers and lawyers. That is how we can help the Afghan government serve its people, and develop an economy that isn’t dominated by illicit drugs. That is why I am ordering a substantial increase in our civilians on the ground. And that is why we must seek civilian support from our partners and allies, from the United Nations and international aid organizations — an effort that Secretary Clinton will carry forward next week in the Hague.

At a time of economic crisis, it is tempting to believe that we can short-change this civilian effort. But make no mistake: our efforts will fail in Afghanistan and Pakistan if we don’t invest in their future. That is why my budget includes indispensable investments in our State Department and foreign assistance programs. These investments relieve the burden on our troops. They contribute directly to security. They make the American people safer. And they save us an enormous amount of money in the long run — because it is far cheaper to train a policeman to secure their village or to help a farmer seed a crop, than it is to send our troops to fight tour after tour of duty with no transition to Afghan responsibility.

As we provide these resources, the days of unaccountable spending, no-bid contracts, and wasteful reconstruction must end. So my budget will increase funding for a strong Inspector General at both the State Department and USAID, and include robust funding for the Special Inspector General for Afghan Reconstruction.

And I want to be clear: we cannot turn a blind eye to the corruption that causes Afghans to lose faith in their own leaders. Instead, we will seek a new compact with the Afghan government that cracks down on corrupt behavior, and sets clear benchmarks for international assistance so that it is used to provide for the needs of the Afghan people.

In a country with extreme poverty that has been at war for decades, there will also be no peace without reconciliation among former enemies. I have no illusions that this will be easy. In Iraq, we had success in reaching out to former adversaries to isolate and target Al Qaida. We must pursue a similar process in Afghanistan, while understanding that it is a very different country.

There is an uncompromising core of the Taliban. They must be met with force, and they must be defeated. But there are also those who have taken up arms because of coercion, or simply for a price. These Afghans must have the option to choose a different course. That is why we will work with local leaders, the Afghan government, and international partners to have a reconciliation process in every province. As their ranks dwindle, an enemy that has nothing to offer the Afghan people but terror and repression must be further isolated. And we will continue to support the basic human rights of all Afghans — including women and girls.

Going forward, we will not blindly stay the course. Instead, we will set clear metrics to measure progress and hold ourselves accountable. We’ll consistently assess our efforts to train Afghan Security Forces, and our progress in combating insurgents. We will measure the growth of Afghanistan’s economy, and its illicit narcotics production. And we will review whether we are using the right tools and tactics to make progress towards accomplishing our goals.

None of the steps that I have outlined will be easy, and none should be taken by America alone. The world cannot afford the price that will come due if Afghanistan slides back into chaos or Al Qaida operates unchecked. We have a shared responsibility to act — not because we seek to project power for its own sake, but because our own peace and security depends upon it. And what’s at stake now is not just our own security — it is the very idea that free nations can come together on behalf of our common security. That was the founding cause of NATO six decades ago. That must be our common purpose today.

My Administration is committed to strengthening international organizations and collective action, and that will be my message next week in Europe. As America does more, we will ask others to join us in doing their part. From our partners and NATO allies, we seek not simply troops, but rather clearly defined capabilities: supporting the Afghan elections, training Afghan Security Forces, and a greater civilian commitment to the Afghan people. For the United Nations, we seek greater progress for its mandate to coordinate international action and assistance, and to strengthen Afghan institutions.

And finally, together with the United Nations, we will forge a new Contact Group for Afghanistan and Pakistan that brings together all who should have a stake in the security of the region — our NATO allies and other partners, but also the Central Asian states, the Gulf nations and Iran; Russia, India and China. None of these nations benefit from a base for Al Qaida terrorists, and a region that descends into chaos. All have a stake in the promise of lasting peace and security and development.

That is true, above all, for the coalition that has fought together in Afghanistan, side by side with Afghans. The sacrifices have been enormous. Nearly 700 Americans have lost their lives. Troops from over twenty other countries have also paid the ultimate price. All Americans honor the service and cherish the friendship of those who have fought, and worked, and bled by our side. And all Americans are awed by the service of our own men and women in uniform, who have borne a burden as great as any other generation’s. They and their families embody the example of selfless sacrifice.

The United States of America did not choose to fight a war in Afghanistan. Nearly 3,000 of our people were killed on September 11, 2001, for doing nothing more than going about their daily lives. Al Qaida and its allies have since killed thousands of people in many countries. Most of the blood on their hands is the blood of Muslims, who Al Qaida has killed and maimed in far greater numbers than any other people. That is the future that Al Qaida is offering to the people of Pakistan and Afghanistan — a future without opportunity or hope; a future without justice or peace.

The road ahead will be long. There will be difficult days. But we will seek lasting partnerships with Afghanistan and Pakistan that serve the promise of a new day for their people. And we will use all elements of our national power to defeat Al Qaida, and to defend America, our allies, and all who seek a better future. Because the United States of America stands for peace and security, justice and opportunity. That is who we are, and that is what history calls on us to do once more.